Overtime is based on the “workweek,” which is any seven consecutive 24-hour periods—meaning it does not necessarily have to begin on a Monday. And while an employer may use different workweeks to arrange employee schedules, it is not permitted to “average” together hours worked over a period of more than seven days to avoid paying overtime compensation. This is important since many employers operate on a two-week pay period. Regardless of how frequently the employer pays, overtime is always calculated according to a seven-day, 40-hour workweek.

 

If an employee works overtime hours, the employer is legally required to pay one-and-one-half times the employee's regular hourly rate. For example, if an employee normally earns $12 per hour and works 50 hours in a workweek, the employer must pay her $18 for each of the 10 hours worked beyond 40. The employer is free to give a higher rate of pay, but it cannot pay less than the one-and-one-half mandate.

 

An employer cannot legally ask you to waive your right to overtime pay. Nor can you could agree to such a waiver. Washington State law theoretically permits employees to request “comp time”—time off later in exchange for working overtime hours—but federal law effectively restricts this option to employees of the government.

 

Also note that Washington State law does not restrict an employer's ability to mandate overtime hours. Except for certain health care workers, an employer is free to require overtime so long as the employee receives the increased hourly pay.

 

 

Some categories of jobs are not subject to overtime pay requirements and have exempt status. Most notably, this list includes many seasonal and agricultural workers, as well as certain white-collar employees who are normally paid as full-time salaried employees rather than by the hour. However, federal and state law differs on the subject of white-collar overtime pay, so it is a good idea to consult with an experienced Washington State employment law attorney if you are unsure about how overtime works in a particular situation or labor laws.

 

For more information about this area, see our employment law overview for employees and our overview of wage and hour laws.